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S. 15 Project BioShield Act
Posted by on July 14, 2004
S.15
Passed 414-2 Burgess voted YES
Title:A bill to amend the Public Health Service Act to provide protections and countermeasures against chemical, radiological, or nuclear agents that may be used in a terrorist attack against the United States by giving the National Institutes of Health contracting flexibility, infrastructure improvements, and expediting the scientific peer review process, and streamlining the Food and Drug Administration approval process of countermeasures.
Sponsor: Sen Gregg, Judd [NH] (introduced 3/11/2003) Cosponsors: 11
Committees: Senate Health, Education, Labor, and Pensions
Latest Major Action: 7/21/2004 Became Public Law No: 108-276 [Text, PDF]
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SUMMARY AS OF:
7/21/2004--Public Law. (There are 4 other summaries)
(This measure has not been amended since it was passed by the Senate on May 19, 2004. The summary of that version is repeated here.)
Project BioShield Act of 2004 - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services (the Secretary) to: (1) conduct and support research and development activities regarding qualified countermeasures (a drug, biological product, or device to treat, identify, or prevent harm from any biological, chemical, radiological, or nuclear agent that may cause a public health emergency affecting national security), including by entering into interagency agreements for research and development; and (2) provide that biocontaminant laboratories and specialized research facilities under such agreements shall be available to the Secretary to respond to public health emergencies affecting national security.
Allows the Secretary to expedite procurement to respond to pressing research and development needs by: (1) using simplified procurement procedures for products and services that cost more than the simplified acquisition threshold; (2) allowing other than full and open competition in certain instances; (3) increasing the micropurchase threshold to allow the Secretary to use those procedures; and (4) limiting review of the Secretary's procurement decisions.
Allows the Secretary to employ other procedures to respond to pressing qualified countermeasure research and development needs, including expediting peer review procedures in certain instances, contracting with experts or consultants, and appointing professional and technical employees to positions at the National Institutes of Health.
Requires that appropriate internal controls be instituted for the authority given to the Secretary under this section.
Amends the Public Health Service Act to allow the Director of the National Institutes of Health to act through the Director of the National Institute of Allergy and Infectious Diseases (NIAID) to provide grants for the modernization and construction of biomedical and behavioral research facilities. Increases the Federal share of such NIAID-funded projects.
Authorizes appropriations for the National Vaccine Program for FY 2004 and 2005.
Adds the Secretary of Homeland Security to the working group on the prevention, preparedness, and response to bioterrorism and other public health emergencies.
(Sec. 3) Amends the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 to direct the Secretary to: (1) coordinate with the Secretary of Homeland Security to maintain the Strategic National Stockpile (a stockpile of drugs, vaccines, and medical devices and supplies to provide for the emergency health security of the United States in the event of a bioterrorist attack or other public health emergency); (2) deploy the Stockpile to respond to an actual or potential emergency as required by the Secretary of Homeland Security; and (3) deploy the Stockpile to respond to an actual or potential public health emergency or other situation in which deployment is necessary to protect the public health or safety.
Allows security countermeasures to be procured using the special reserve fund (a biodefense countermeasures appropriations account set up pursuant to this Act). Defines "security countermeasure" as a countermeasure that is either authorized for emergency use or that the Secretary determines is a priority, is necessary, and is an approved drug or a drug reasonably likely to be approved within eight years.
Provides that in order for a countermeasure to be procured using the special reserve fund: (1) the Secretary of Homeland Security must identify a chemical, biological, radiological or nuclear agent as a material threat to the U.S. population sufficient to affect national security; (2) the Secretary must determine that a countermeasure is necessary to protect the public health; (3) the Secretary must assess the availability and appropriateness of the countermeasure to address the identified material threat; (4) the Secretary of Homeland Security and the Secretary must jointly submit to the President a proposal to issue a call for the development of needed countermeasures that are either not available or cleared only for alternative purposes; (5) the Secretaries must make a commitment that they will recommend that the special reserve fund be made available for the procurement of such a countermeasure; (6) the President must approve the proposal; (7) the Secretaries must make specified information known to persons who may respond to a call for the countermeasure involved, including the specifications of the needed countermeasure; (8) the Secretary must determine which countermeasures can appropriately be procured using the special reserve fund by considering the quantities needed, the feasibility of producing and delivering such a quantity within eight years, and the lack of a commercial market; (9) the Secretaries and the Director of the Office of Management Budget must submit to the President a recommendation that the special reserve fund be used to procure the countermeasure; and (10) the President must approve the recommendation. Requires the Secretary and the Secretary of Homeland Security to notify designated congressional committees promptly that a material threat has been identified for which countermeasures are necessary to protect the public health and that the President has approved a recommendation for countermeasure procurement using the special reserve fund.
Amends the Homeland Security Act to change the responsibilities of the Secretary of Homeland Security as they relate to the Stockpile.
Authorizes appropriations: (1) for FY 2004 through 2013 for the special reserve fund to procure security countermeasures approved by the President; (2) for FY 2004 through 2006 for the hiring of personnel to carry out terror threat assessments; and (3) for the acquisition and deployment of secure intelligence-sharing facilities. Transfers the functions, personnel, assets, unexpended balances, and liabilities of the Stockpile from the Secretary of Homeland Security to the Secretary.
(Sec. 4) Amends the Federal Food, Drug, and Cosmetic Act to allow the Secretary to authorize the introduction into interstate commerce of a drug, device, or biological product intended for emergency use, specifically allowing the use of unapproved products, or the unapproved use of approved products, upon: (1) a determination by the Secretary of Homeland Security that there is a domestic emergency, or a significant potential for a domestic emergency, involving a heightened risk of attack with a specified biological, chemical, radiological, or nuclear agent; or (2) a determination by the Secretary of a public health emergency that affects, or has a significant potential to affect, national security and that involves a specified biological, chemical, radiological, or nuclear agent or a specified disease or condition that may be attributable to such agent. (Current law allows the Secretary to authorize the use of such emergency products only upon a determination by the Secretary of Defense of a military emergency involving a heightened risk to U.S. forces of an attack.)
Amends the National Defense Authorization Act for Fiscal Year 2004 to continue provisions governing the emergency use of products with respect to members of the Armed Forces.
(Sec. 5) Requires the Secretary of Health and Human Services to report to Congress on the exercise of authority under this Act and on additional barriers to the procurement of security countermeasures.
Requires the Comptroller General to: (1) review the Secretary's use of the authorities granted under this Act and make recommendations to improve the utilization or effectiveness of such authorities; (2) assess the adequacy of the internal controls instituted by the Secretary and make recommendations to improve their effectiveness; (3) identify any purchases or procurements that would not have been made or that would have been significantly delayed without the authorities provided to the Secretary; (4) determine to what extent authorized activities under this Act have enhanced the development of biomedical countermeasures affecting national security and recommend improvements; (5) assess the availability of countermeasures to address threats identified by the Secretary of Homeland Security; (6) assess the extent to which programs and activities under this Act will reduce any gap between the threat and the availability of countermeasures to an acceptable level of risk; and (7) assess the threats to national security posed by technology that will enable the development of antibiotic resistant, mutated, or bioengineered strains of biological agents and recommend strategies for addressing such threats.
Requires the Secretary and the Secretary of Homeland Security to report jointly on where there is a lack of adequate large scale biocontaminant facilities necessary for the testing of security countermeasures in accordance with Food and Drug Administration requirements.
(Sec. 6) Directs the Secretary to ensure that diverse institutions, including Historically Black Colleges and Universities and those serving large proportions of underrepresented populations, are meaningfully aware of available research and development grants, contracts, cooperative agreements, and procurements conducted under this Act.
(Sec. 7) Requires the Secretary to determine whether the countermeasures being developed are subject to existing export-related controls and, if not, recommend to appropriate Federal agencies that such countermeasures should be on the list of controlled items subject to such controls.
(Sec. 8) Directs the Secretary, the Secretary of Homeland Security, and the Secretary of Defense to ensure that the activities of their respective Departments coordinate, complement, and do not unnecessarily duplicate programs designed to protect the homeland from biological, chemical, radiological, and nuclear agents. Directs such Secretaries to each appoint an official to coordinate such programs for their respective Departments.
(Sec. 9) Amends title 11 of the Social Security Act to allow the Secretary to waive certain requirements during emergencies, including: (1) requirements pertaining to direction or reallocation of an individual to receive medical screening in an alternate location pursuant to an appropriate State emergency preparedness plan; and (2) sanctions for noncompliance with specified requirements of the Health Insurance Portability and Accountability Act of 1996.
Inline Explosive Detection Systems: Financing and Deployment
Posted by on July 14, 2004 Aviation Subcommittee Hearing: Inline Explosive Detection Systems: Financing and Deployment Michael C. Burgess - Statement July 14, 2004 Thank you, Mr. Chairman. As the Congressman who represents a large part of the Dallas Fort Worth Airport, I would like to commend you for holding this important hearing on Inline Explosive Detection systems. Securing the safety of passengers and crew is of paramount importance to the airline industry and the Department of Homeland Security. After the September 11, 2001 attacks, Congress required that the federal government screen all checked baggage for explosives before loading it onto commercial passenger aircraft. DFW Airport was the first airport in the country to approach the TSA within months after passage of the Aviation and Transportation Security Act with a plan for an in-line EDS system designed to screen all checked baggage. It is estimated that the new system would screen approximately 55,000 checked bags, which pass through the airport on a daily basis. I am proud that DFW Airport has worked diligently towards a financing and construction plan to assist the TSA in implementing this critical infrastructure. Facility modifications necessary for In-line EDS equipment installation have already begun. During the FAA reauthorization debate and discussion of aviation security issues last spring, Congress made clear its intention for the federal government to bear more of the funding burden for increased aviation security. Vision 100 - The Century of Aviation Reauthorization Act (H.R. 2144) requires the TSA to provide airports with $500 million per year to pay for capital security costs. Additionally, it allows the TSA to obligate those funds through use of an LOI. H.R. 2144 also raises the federal share of funding terminal modifications and EDS installation at large and medium-hub airports to 90 percent from the previous 75 percent of the project's costs. In Vision 100, the 90 percent federal cost share requirement includes those airports with previously executed LOIs. Despite the difficult budgetary climate, it is absolutely imperative that Congress maintain its commitment to aircraft security by fully funding its obligation to airports. EDS and other explosive detection equipment is necessary to ensure our nation’s and airline passengers’ security. I am hopeful that Next Generation EDS, which we will discuss today during this hearing, will improve the efficiency of baggage screening equipment while lowering the cost. In the meantime, however, we must not back down from Vision 100's promise of a 90/10 federal cost share. Again, thank you Mr. Chairman for allowing me to attend your hearing, and for holding this important hearing.
H.R. 4766 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2005
Posted by on July 13, 2004
H.R.4766
Passed 389-31 Burgess voted YES
Title:Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2005, and for other purposes.
Sponsor: Rep Bonilla, Henry [TX-23] (introduced 7/7/2004) Cosponsors: (none)
Committees: House Appropriations; Senate Appropriations
House Reports: 108-584
Related Bills: H.RES.710, H.RES.719
Latest Major Action: 7/22/2004 Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Appropriations.
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SUMMARY AS OF:
7/7/2004--Introduced.
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2005 - Makes FY 2005 appropriations for the: (1) Department of Agriculture; (2) Food and Drug Administration; (3) Commodity Futures Trading Commission; and (4) Farm Credit Administration.
Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
H.R. 4755 Legislative Branch Appropriations Act, 2005
Posted by on July 12, 2004
H.R.4755
Passed 327-43 Burgess voted YES
Title:Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2005, and for other purposes.
Sponsor: Rep Kingston, Jack [GA-1] (introduced 7/1/2004) Cosponsors: (none)
Committees: House Appropriations; Senate Appropriations
House Reports: 108-577
Related Bills: H.RES.707, S.2666
Latest Major Action: 7/14/2004 Referred to Senate committee. Status: Read twice and referred to the Committee on Appropriations.
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SUMMARY AS OF:
7/1/2004--Introduced.
Legislative Branch Appropriations Act, 2005 - Makes appropriations for the House of Representatives for FY 2005 for: (1) salaries and/or expenses of the House leadership offices, committees (including the Committee on Appropriations), officers and employees, and the Child Care Center; (2) Members' representational allowances; and (3) the preparation of statements of appropriations.
Declares the sense of the House that its Members who use vehicles in traveling and for official and representational purposes, including Members who lease vehicles for which the lease payments are made using funds provided under the Members' Representational Allowance, are encouraged to use hybrid electric and alternatively fueled vehicles whenever possible in order to move our Nation toward the use of a hydrogen fuel cell vehicle and reduce our dependence on oil.
Makes appropriations for salaries and/or expenses of: (1) the Joint Economic and Taxation Committees; (2) the Office of the Attending Physician; (3) the Capitol Guide Service and Special Services Office; (4) the Capitol Police; (5) the Office of Compliance; (6) the Congressional Budget Office; and (7) the Architect of the Capitol (AOC), including for the care and operation of Capitol buildings and grounds, House office buildings, the Capitol power plant, the Library of Congress buildings and grounds, the Capitol Police buildings and grounds, and the Botanic Garden.
Appropriates funds for: (1) the Library of Congress for salaries and expenses, the Copyright Office, Congressional Research Service, and Books for the Blind and Physically Handicapped; (2) the Government Printing Office (GPO) for congressional printing and binding (including transfer of funds); (3) GPO for the Office of Superintendent of Documents (including transfer of funds); (4) the General Accounting Office for salaries and expenses; (5) a payment to the Government Printing Office Revolving Fund; and (6) a payment to the Open World Leadership Center Trust Fund.
H.R. 4754 Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005
Posted by on July 8, 2004
H.R.4754
Passed 397-18 Burgess voted YES
Title:Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 2005, and for other purposes.
Sponsor: Rep Wolf, Frank R. [VA-10] (introduced 7/1/2004) Cosponsors: (none)
Committees: House Appropriations; Senate Appropriations
House Reports: 108-576
Related Bills: H.RES.701
Latest Major Action: 7/9/2004 Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Appropriations.
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SUMMARY AS OF:
7/1/2004--Introduced.
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005 - Makes appropriations for FY 2005 for the Departments of Commerce, of Justice and of State, the judiciary and related agencies.
Department of Justice Appropriations Act, 2005 - Makes appropriations for the Department of Justice for FY 2005 for: (1) general administration; (2) the U.S. Parole Commission; (3) legal activities; (4) payment to the Radiation Exposure Compensation Trust Fund; (5) interagency crime and drug enforcement; (6) the Federal Bureau of Investigation; (7) the Bureau of Alcohol, Tobacco, Firearms and Explosives; (8) the Federal prison system; and (9) Office of Justice programs.
Department of Commerce and Related Agencies Appropriations Act, 2005 - Makes appropriations for FY 2005 for: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission; (3) the International Trade Administration; (4) the Bureau of Industry and Security; (5) the Economic Development Administration; (6) the Minority Business Development Agency; (7) economic and statistical analysis programs; (8) the Bureau of the Census; (9) the National Telecommunications and Information Administration; (10) public telecommunications facilities planning and construction grants; (11) information infrastructure grants; (12) the U.S. Patent and Trademark Office; (13) the Under Secretary for Technology/Office of Technology Policy; (14) the National Institute of Standards and Technology; (15) the National Oceanic and Atmospheric Administration (NOAA); (16) restoration of Pacific salmon populations; (17) the fisheries finance program account; and (18) departmental management, including for the Office of Inspector General.
Judiciary Appropriations Act, 2005 - Makes appropriations to the Judiciary for FY 2005 for: (1) the U.S. Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services; (5) the Administrative Office of the U.S. Courts; (6) the Federal Judicial Center; (7) judiciary retirement funds; and (8) the U.S. Sentencing Commission.
Department of State and Related Agency Appropriations Act, 2005 - Makes appropriations for the Department of State for FY 2005 for: (1) administration of foreign affairs; (2) international organizations; (3) the Center for Cultural and Technical Interchange Between East and West in the State of Hawaii; and (3) the Broadcasting Board of Governors.
Makes appropriations for FY 2005 for the: (1) the Antitrust Modernization Commission; (2) Commission for the Preservation of America's Heritage Abroad; (3) Commission on Civil Rights; (4) Commission on International Religious Freedom; (5) Commission on Security and Cooperation in Europe; (6) Congressional-Executive Commission on the People's Republic of China; (7) Equal Employment Opportunity Commission; (8) Federal Communications Commission; (9) the Federal Trade Commission; (10) Helping Enhance the Livelihood of People (HELP) Around the Globe Commission; (11) Legal Services Corporation; (12) Marine Mammal Commission; (13) National Veterans Business Development Corporation; (14) Securities and Exchange Commission; (15) Small Business Administration; (16) Surety Bond Guarantees Revolving Fund; (17) State Justice Institute; (18) United States-China Economic and Security Review Commission; and (19) United States Institute of Peace.
Rescinds certain unobligated balances available to the Office of Justice Programs of the Department of Justice for: (1) State and local law enforcement assistance; and (2) community oriented policing services.
H.R. 3980 National Windstorm Impact Reduction Act
Posted by on July 8, 2004
H.R.3980
Passed 387-26 Burgess voted YES
Title:To establish a National Windstorm Impact Reduction Program.
Sponsor: Rep Neugebauer, Randy [TX-19] (introduced 3/17/2004) Cosponsors: 44
Committees: House Science; House Transportation and Infrastructure; Senate Commerce, Science, and Transportation
House Reports: 108-575 Part 1
Latest Major Action: 7/12/2004 Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
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SUMMARY AS OF:
3/17/2004--Introduced.
National Windstorm Impact Reduction Act of 2004 - Establishes the National Windstorm Impact Reduction Program to achieve major measurable reductions in losses of life and property from windstorms.
Requires the Director of the Office of Science and Technology Policy to establish an Interagency Working Group consisting of representatives of the National Science Foundation, the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, the Federal Emergency Management Agency, and other Federal agencies as appropriate. Outlines general agency responsibilities.
Requires the Program to consist of the following primary mitigation components: (1) improved understanding of windstorms; (2) windstorm impact assessment; and (3) windstorm impact reduction, which shall be implemented through activities such as data collection and analysis and research and development. Requires research activities authorized under this Act to be peer-reviewed and the components to be designed to be complementary to and avoid duplication of other hazard reduction efforts.
Requires the Working Group to: (1) develop an implementation plan for achieving Program objectives; and (2) transmit biennial reports on the status of the Program.
Requires the Director to establish a National Advisory Committee on Windstorm Impact Reduction to assess: (1) trends and developments in the science and engineering of windstorm impact reduction; (2) the effectiveness of the Program in carrying out specified activities to improve windstorm impact assessment; (3) revising the Program; and (4) implementation and management of the Program. Requires the Advisory Committee to report biennially on such assessment.
Burgess Takes Aim at Letter to United Nations Concerning U.S. Elections
Posted by Michelle Stein on July 7, 2004
Congressman Michael C. Burgess (R-26th TX) address the floor concerning a recent letter sent by a few Members of Congress, incluing fellow North Texan Eddie Bernice Johnson (D-30th TX), to the United Nations requesting their oversight in the upcoming November elections.
Mr. BURGESS. Mr. Speaker, this morning I just want to draw a sharp criticism against Members of this House who have sent a letter to Kofi Annan of the United Nations asking for United Nations monitors at our elections in November.
Mr. Speaker, I will have to admit there are people in my district, a great many constituents in my district who do not understand what goes on in Washington. We have a candidate for the highest office in the land who talks about some vague references to foreign leaders who would prefer him. We have a judiciary that seems to have its eye on the international courts. And now we have Members of this body asking for U.N. observers at our elections. We have got borders that are so porous as to be a joke.
The people in my district rightly ask, ``Does serenity mean anything in Washington?''
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